Tuesday, June 18, 2019

Why Was My Injury Claim Denied?

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Reasons Insurance Companies Use to Deny Claims

It is a story that personal injury attorneys hear all too often. A person is involved in an accident of some kind and suffers a severe injury that causes them significant damages. In an attempt to get compensation for these damages, the injured accident victim files a claim with the insurance company only to be outright denied. If you have experienced this, you are absolutely not alone. Insurance companies regularly deny claims and will continue to do so whenever given the opportunity. They will typically do this for a couple of common reasons that plaintiffs should make sure to be aware of if they want to ensure their claim stands as good a chance as possible at recovering them compensation for their injuries.

Consider Dolman Law as Your Personal Injury Attorney

Those that have suffered significant injuries have the right to seek compensation for the damages that they suffered by filing a personal injury claim in the event that the party responsible for the accident caused it with their negligence. Personal injury claims can often prove to be quite complex requiring investigation into the accident, extensive negotiation with the insurance company, and knowledge of the legal process. Insurance companies know the average person may have trouble with some of these things and capitalize on the situation by sometimes outright denying a claim.
Consider hiring an experienced personal injury attorney such as Dolman Law Group. Our lawyers can assist you with your case and send a message to the insurance company that you mean business all while you focus on recovering from your injuries. Don’t let something like a denied claim get in the way of your pursuit of compensation. Dolman Law Group provides free consultations to people in these exact situations. To schedule your free consultation with a Dolman Law Group attorney you can contact our office by filling out an online contact form or calling us at (727) 222-6922.

Insurance Companies and the Bottom Line

One of the most important things to remember when dealing with an insurance company is that their primary objective is not to help you but to make money. If they can do both then they don’t mind but when it comes down to it, Insurance companies are for-profit entities that exist to make money for their shareholders. To do this they employ a variety of resources such as extensive access to many records databases, insurance adjusters, and some tricky language in their policies to ensure they don’t have to pay out any more money than they need to. Whenever an insurance company has an opportunity to not pay money out to someone making a claim they will take it since that means more money in their pocket and higher profits. As many people, unfortunately, find out, this bottom line means that the insurance company can and will deny your claim by exploiting any stipulation in a policy possible. The more common things that an insurance company will use to deny someone’s claim include:

Prior Injuries or Surgeries

In the aftermath of an accident, an insurance company may try to get in contact with you so that they can obtain your authorization to look through your medical records. It is imperative that you do not sign away the privacy of your medical history without talking to a personal injury attorney because insurance companies may try to full unhindered access to your medical history. They will try to do this so that they can find any injuries or surgeries in your past that they can possibly blame as the reason you suffered an injury rather than the accident your claim is about. If the insurance company manages to do this then they might be able to deny your claim and any right you may have to compensation.

Lapses in Time Between Injury and Treatment

If you have suffered an injury because you were involved in an accident of some kind then you should make sure that you seek medical assistance as soon as possible. Not only is this important for your personal health but the longer you wait to seek medical treatment for accident injuries, the more likely an insurance company may deny your claim. When you wait to seek medical assistance after suffering an injury, the insurance company will find out and they will try to make the argument that your injuries may have been caused by another accident that occurred in the intervening time between accident and treatment. It also makes your claim seem much less credible since severe injuries require immediate treatment. The insurance company may reason that since you didn’t seek immediate treatment, then your injuries must not have been that severe.

Pre-Existing Conditions

If an insurance company is able to find out that you have some kind of pre-existing health condition, then they may try to argue that your injuries were caused by a complication of that condition rather than the accident. For example, if you have a pre-existing condition that affects your back, an insurance company would try to argue your back injury was caused by an exacerbation of that condition instead of the accident you were involved in.

Seek an Experienced St. Petersburg Personal Injury Attorney

An insurance company might deny your injury claim for many reasons. The issues that surround this denial of your claim can often prove to be too complicated to handle on your own. At Dolman Law Group, we have the experience to address your claim problems and resolve your case.
Our attorneys have used our firm’s resources to construct winning strategies. We have worked diligently to overcome insurance company denials and recover damages for our injured clients. We welcome the opportunity to determine if we can help you.
Regardless of the path a case takes, we will always aggressively pursue the best possible outcome. Call the Dolman Law Group in St. Petersburg at (727) 222-6922 or fill out an online contact form for a free consultation to learn your rights when seeking compensation through a personal injury claim.
Dolman Law Group
1663 1st Ave S.
St. Petersburg, FL, 33712

Tuesday, June 4, 2019

Child Birth Injuries Suffered During Delivery

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Child Delivery Mistakes and the Injuries They Cause to Babies

The miracle of childbirth is a natural phenomenon that signals the beginning of a family for many people across the planet. It is a sensitive, exciting, and sometimes stressful time where a lot of preparation is undertaken in anticipation of the big day. The delivery of a child is no easy thing and requires expert assistance in order to ensure that everything goes off without a hitch. Medical professionals specializing in child delivery can often prove instrumental in ensuring that a child’s birth is handled correctly so that any complication or curveballs can be addressed properly. However, there are many instances where the opposite occurs and medical professionals end up causing an injury either to the baby that they are delivering or to the mother.

Birth Injury Medical Malpractice

Injury to a child during delivery can be extremely dangerous. Anything that happens to a child in such an early and delicate stage comes with a risk of severe complication that can alter the course of their life. Doctors have a duty to their patients to take every precaution necessary to minimize the risks of something happening to a child during delivery. Yet, many medical professionals and other liable parties exhibit negligence that results in injury to a child or mother during birth. The parents or legal guardians of a newborn child that has suffered an injury during delivery because of the negligence of a liable party have the right to seek compensation for the damages caused by such an injury by filing a medical malpractice claim.
In order to sue a doctor that caused a birth injury to their child, a plaintiff must be able to prove that the physician whose care they were under was negligent and violated the standard of care expected of them. The standard of care is the expected level of professional and reasonable medical care provided by a physician as determined by comparison to that physician’s colleagues in the same field of medicine. Medical malpractice cases can take a lot. The proper legal procedure must be followed, the evidence must be gathered to build a case, negotiations must take place, and much more all while a plaintiff is usually recovering and trying to get their affairs in order. Consider hiring an experienced medical malpractice attorney such as Dolman Law that can provide expert legal advice and resources to help secure you the compensation that you and your child need and deserve. To schedule a free consultation on your case contact Dolman Law Group online or call us at (727) 222-6922.

Common Birth Injuries Suffered During Delivery

Birth Fractures

During birth, a baby is very physically fragile and vulnerable to suffering fractures to their tiny developing bones. The most commonly fractured bones of newborns are the clavicle and collarbone. Sometimes these fractures are unavoidable but in some cases, doctors should have been able to tell that a c-section was called for to avoid serious fractures.

Erb’s Palsy

Also called brachial plexus birth palsy, Erb’s palsy is a nerve-related injury that occurs when a baby’s neck or shoulder is stretched too far during the delivery process. The stretching damages a cluster of nerves in the baby’s neck which can cause numbness, weakness, and loss of motion in the baby’s arms. In some cases, the baby will recover movement of their arms and feeling given enough time but there is a risk that they will require surgery or physical therapy if no progress is shown towards recovery on their own.

Caput Succedaneum

In some deliveries, a baby may end up with swelling of the scalp caused by the pressure of a prolonged head-first birth or vacuum extraction procedure. This is called caput succedaneum and its characteristic swelling is often accompanied by bruising.    

Subconjunctival Hemorrhage

During delivery, small blood vessels in the baby’s eye may rupture due to a subconjunctival hemorrhage. The baby will have a small red patch on the white of the eye and is caused by different pressures placed on the baby’s body during delivery. Normally the child’s eyes will not sustain any permanent damage but there is a risk that complications may occur.

Hypoxic-Ischemic Encephalopathy

Hypoxic-ischemic encephalopathy, or HIE, is the brain injury caused by oxygen deprivation to the brain, also commonly known as intrapartum asphyxia. As a result of this lack of oxygen to the brain, brain cells will begin to die off and the brain will suffer damage. Babies that suffer Hypoxic-ischemic encephalopathy can exhibit developmental problems, cerebral palsy, epilepsy, and can even die should their condition not be addressed promptly by a physician.


A Cephalohematoma is a type of birth injury that can occur because of vacuum extraction used during the delivery process. Cephalohematoma occurs when blood collects between the baby’s skin and the cranial bone. This condition can be a precursor to jaundice but often goes away on its own after a few weeks or months.

Call Dolman Law Group if Your Child Suffered a Birth Injury During Delivery

If you or a loved one have had a child and know or suspect that the baby or mother was harmed during or before labor and delivery, you can contact a reputable and experienced birth injury lawyer to assist you with your case. It is possible that your doctor or other healthcare providers acted negligently.
At Dolman Law Group, we take the time that is needed to hear our clients’ stories and, if appropriate, seek compensation for their losses. We are proud to offer compassionate help to our clients during an extremely difficult time.
If you have experienced a child delivery that caused injury to you or your infant, contact Dolman Law Group’s St. Petersburg office online or by phone at (727) 222-6922 to schedule a free consultation to discuss the facts and circumstances of your preterm delivery.
Dolman Law Group
1663 1st Ave S.
St. Petersburg, FL 33712